HC quashes MCI order discharging admission of MBBS students for not obtaining 50% marks in entrance exam
Lucknow: The Lucknow bench of Allahabad High Court recently quashed an order of the erstwhile Medical Council of India, which had discharged several MBBS students back in 2014 on the ground that they had not obtained minimum 50% marks in the entrance examination.
Allowing the appeal of the students the HC bench quashed the MCI order as the Court noted that the re-evaluation of the answer books of all the students revealed that they had secured more than 50% marks.
Further the bench also considered the fact that all these students have already completed their MBBS course, some have even completed their PG medical courses and all of them are practicing as doctors.
The pleas had challenged the order of the erstwhile Medical Council of India (MCI) order dated 28.11.2014. Through that concerned order the Council had discharged the petitioner students from MBBS course in academic session 2013-2014.
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It was submitted by the petitioners that earlier 72 students had been given admission to MBBS course on the basis of the entrance test conducted by the authorities. Consequently, the students had also started pursuing their studies. But later, Council discharged the petitioner students on the ground that they had obtained less than 50% marks in the entrance examination, which is minimum requirement for admission as provided in "Regulation on Graduate Medical Education, 1997".
Taking note of the matter, the High Court bench had earlier passed a detailed interim order dated 26.02.2015 and had also directed the authorities to reevaluate the answer books of all the 72 students including the petitioner students. It was also directed by the Court that after the reevaluation if any or some of the students secured requisite minimum 50% marks, they would be allowed to pursue their course and appear in the examination subject to the final order of the High Court.
Complying with the HC interim order, the University evaluated the answer books of 72 students including the petitioners without negative marking and it was revealed that all students including the petitioners had obtained more than 50% marks. The University also filed a counter affidavit on 23.03.2015 and 06.05.2016 mentioning these facts.
Referring to this, the counsel for the petitioner students submitted that under such facts, once the petitioners obtained more than 50% marks, they should declared to be eligible for pursuing the MBBS course in accordance with the 1997 Regulations.
It was submitted by the petitioners' counsel that all the students completed their MBBS back in 2019 and some of them also completed Post graduate medical courses. All of them are registered in UP Medical Council and they are now indulged in medical practice. Contending that the re-evaluation showed that all the petitioners had obtained more than 50% marks the counsel for the petitioner prayed to the court for quashing the concerned MCI order.
In this regard, he relied upon HC order in the case of Dr. Sandeep Gautam Vs. State of U.P. Thru. The Secy., Medical Education & others where the Allahabad HC after relying on the judgments of the Apex Court had opined that once the petitioner has acquired the entire qualification, it would not be in interest of anyone to cancel the degrees.
Taking note of the submissions, the HC bench allowed the pleas and noted, "There is no dispute on the point that in compliance of interim order dated 26.02.2015, answer books of all 72 students including petitioners have been evaluated and they have fulfilled the minimum criteria of 50% marks in entrance examination as required under the provisions of "Regulations, 1997" coupled with the fact that they have completed their degree of M.B.B.S. Course and also registered in U.P. Medical Council at Lucknow."
Further referring to the HC order in the case of Dr. Sandeep Gautam (supra) and Apex Court orders in the matters of Smita Johnbhai Master and others (supra) & State of Maharashtra (supra) the Court opined, "degree cannot be taken back and should be made absolute."
Therefore, quashing the MCI order, the HC bench mentioned in the order, "Under such facts of the case as well as law laid down by this Court, petition deserves to be allowed. Accordingly, impugned order dated 28.11.2014 is hereby quashed and writ petition is allowed."
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/allahabad-hc-192014.pdf
